Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-05-27
THE BAXTER MURDER.
The Jury Completed and the Case Begun
History of the Case.
SisciaE TsleOrdBl 10 the REGISTER

term OF our circuit court IOr Ine
murder of Jacob Baxter, on the Sd day OF
last October, was put upon his trial yester-
day, Judge ThOs. d. Stealey presiding
The murder was one of the coolest, most
deliberate and atrociOus that blacken the
criminal history of the State. 1t will be
remembered that full account of it ap-
peared in the REGISTER at this time and
excited widespread interest throughout this
and adjoining State.
4 briet history Of the case is rs follows:
Newman and Baxter were neighbor farm
ers and cousins living on Proctor of this
county. There had been bad feeling be-
tween the families for several years growing
outOfsome misunderstanding. Newman had
on several occasions suffered at the hands
OF some unknown parties, on one occasion
having a fine large barn and contents set on
fire and burned and at an other time had
his wheat stacks burned just after they had
been cut and stacked. Inasmuch as various
threats had been been made the Newmans
always said that Jacob Baxter was the in
cendiary that touched the torch to the
property and so strong was their belief that
they attempted to have Baxter indicted for
the burning of the barn which occurred
several years ago.
That trouble seems tn have abated after
this occurrence, and every person sup
posed the trouble had died out, but it
seems that it was only smOldering and
gathering renewed strength to break out
anew at later date. 1t seems that all
along for the past several years small and
annoying depredatiOns, such us pulling up
potato vines, barking small fruit trees,
stOning his cattle, etc, had been commit
ted on Mr.. Newman, and finally last sum-
mer his whole harvest of wheat und oats
were burned in broad daylight. 1t seems
that the circumstances and the general be-
lief in the neighbOrhOOd was that Jacob
Baxter was the inCendiary, and hence the
trouble broke out anew. 1t seems that
the Newmana, in the light of these events,
as any prudent person would have done,
armed themselves for the defense of their
property.
In the evening of the 3rd day of October
last, Jacob Baxter was shot dead by some
unknown persons in his own door New
man was arrested on suspicion, had u pre-
limiaaTy examination and WAS held to an
swer IN Indictment, and was indicted at the
following term Of court on CirCumstantial
evidence for the murder of Baxter. The
circumstances are familiar to the readers of
the REGISTER, and further space will not
be taken in detailing them. The case was
called yesterday, and both the State and
the defense announced themselves ready
f,,v. f1l he Drnaaa,finp, NJ
s. Wiley, is ably assisted by
Capt. Il. +. Dovener, of your
city, and J. w. Mcintyre, of this place.
The prisoner is also ably represented by
Col. W. W. Arnett, of your city, j. w.
Mccoy, of FairmOnt, Capt. Robert Neil
dOwney and r. =. Jacobs, of this bar. 1t
is generally conceded that this is one OF the
ablest team of ofCOunsel that could be secured,
and if the prisoner is convicted it will he
because the evidence clearly cOnvicts him.
Nor will an inch of the ground he left un-
contested by the astute and able counsel
for the State.
In view OF the Importance OF the trial,
Judge Stealy secured the services OF =
stenOgrapher, John W. Harris, Of Ritchie
county, to take down the evidence:
The panel of juryman was finally COM
pleted this morning, after considerable
trouble. A most excellent jury was OBJ
tanned. TOey are rs follows: Wm. II.
HaSkins, T. +. Lemley, Vim. Heiutzman,
/. ID. Morgan, John Il. Shriyer, Jacob b.
BrookOvcr, Jesse X. GOrby, John Arman,
Samuel Sibert, II. l.. Taylor, |. j. Carney,
Thomas Harrison.
lao fN hn 1,,y
Capt, DOyener who presented it in a very
clear and strong light, detailing the eyi
dence rather fully. The opening presenta-
ton of the case to the jury on the part OF
defense was made by Col Arnett who did
not go into very full detailment Of the line
of defense, but simply said they denied
killing Baxter, a fact which was sharply
comment on by Capt. DOvcner in reply,
which brought Arnett to his feet again,
At this juucture the court adjourned for
dinner.
Upon the converting of Court this after
noon the room was crowded with interested
spectators.
The first witness introduced by the State
was Mrs. Baxter, the wife of the murdered
man. She testified that she and her huS-
band and Miss Jennie O'Neill and the
three children were at home on the night
of the murder; that about eight O'clock
they began to get ready for bed; that he
fore retiring she and Jennie ONeill step
ped out the front door and walked around
the end of the house; that her husband
was standing i'll the front door rs they
went around the corner; that
,HNn
turned around the corner she
heard lOud gun shots in quick succession
coming from the front of the house; that
she and the ONeill girl Immediately re-
turned TO the front door and found her
husband lying on the stone in front of the
door dead; that she gave the alarm by
screaming and ringing the farm bell; that
she jumped on her horse and rode TO a
neighbOr of O'Neill'S, and on her way had
to pass the residence of John NJ. Newman,
mt which place there was no one to be
seen. Jennie O'Neill was next called, and
she related about the same story rs Mrs
Baxter. John Chance was next called.
He said he WAS present when the gun which
was found in the possession OF John NJ.
Newman was first tried in the indentation
in the ground at the foot of the apple tree
from which Baxter was shot.
Dr. John McClomas, the surgeon who
eNarained the body the next day, testified
as to BY what means he came 10 his death.
Sheriff Slender was next examined and
stated that he was at BaXter's the next
morning after the murder and arrested
Newman; that he found John Newman and
his brother sitting in the fence corner
along the public road near their home;
that Newman made no resistance, but did
not want to 90 over TO Baxter's; that he
brought Newman'S gun along with him,
and he and Newman cameIOver tO Baxter s;
that he saw the gun which he brought
over with him; first tried it in the imprint
at the foot of the apple tree and that it ut.
The gun was here identified by Slender
and offered in evidence The gun had the
letters +. ID. =. marked on the breech.
William Price WAS next callOd, and he
testified rs to the fitting of the gun about
the same as the other witnesses. Capt
Dovener inquired of the witness whether
there were any other guns similar TO this
in the neighbOrhoOd to his knowledge,
which question was objected to by the de-